The purpose of these provisions is to prevent the loss of property
and life, the creation of health and safety hazards, the disruption
of commerce and governmental services, the extraordinary and unnecessary
expenditure of public funds for flood protection and relief, and the
impairment of the tax base by:
A.
Promoting
the general health, welfare, and safety of the community.
B.
Regulating
uses, activities and land development which, acting alone or in combination
with other existing or future uses, activities and land development,
will cause unacceptable increases in flood heights, velocities and
frequencies.
C.
Restricting
or prohibiting certain uses, activities and land development from
locating within areas subject to flooding.
D.
Requiring all uses, activities and land development that do occur
in flood-prone areas to be protected and/or floodproofed against flooding
and flood damage.
E.
Minimizing the financial burden imposed on the community, its governmental
bodies and individuals by floods.
F.
Maintaining, to the maximum extent possible, the floodplain in its
natural state and minimizing the removal of vegetation and compaction
of soil to maximize its flood-carrying capacity and water-filtering
capabilities.
A.
These provisions shall apply to all lands within Lower Saucon Township and shown as being located within the boundaries of any identified Flood Hazard District, as defined in Article V, which are considered as a part of the official Zoning Map.[1]
[1]
Editor's Note: Said map is on file in the Township offices.
B.
The Flood Hazard District shall be an overlay to the existing zoning
districts as shown on the Lower Saucon Township Zoning Map and, as
such, the provisions of the Flood Hazard District shall be imposed
in addition to the requirements of the underlying zoning districts.
In the event that a conflict exists between the overlay and the underlying
districts, the more restrictive provisions shall apply.
C.
No development shall be undertaken; no structure or land shall hereafter
be used; no structure shall be located, relocated, constructed, reconstructed,
enlarged or structurally altered; and no area shall be developed,
graded, filled or excavated in any Flood Hazard District except in
full compliance with the terms and provisions of this chapter and
any other applicable ordinances and regulations.
D.
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within Lower Saucon Township unless a permit has been obtained
from the Floodplain Administrator.
E.
A permit shall not be required for minor repairs to existing buildings
or structures.
This chapter supersedes any other conflicting provisions which
may be in effect in identified floodplain areas. However, any other
ordinance provisions shall remain in full force and effect to the
extent that those provisions are more restrictive. If there is any
conflict between any of the provisions of this chapter, the more restrictive
shall apply.
If any section, subsection, paragraph, sentence, clause, or
phrase of the chapter shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the chapter,
which shall remain in full force and effect, and for this purpose
the provisions of this chapter are hereby declared to be severable.
A.
The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on accepted
engineering methods of study. Larger floods may occur or flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This chapter does not imply
that areas outside any identified floodplain areas, or that land uses
permitted within such areas, will be free from flooding or flood damages.
B.
This chapter shall not create liability on the part of Lower Saucon
Township or any officer or employee thereof for any flood damages
that result from reliance on this chapter or any administrative decision
lawfully made thereunder.